Introduces Modifications To The Penal Procedural Code


Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Sole article.-Introducense the following modifications in the code of criminal procedure: 1. Insert, in article 6, then of the first paragraph, the following paragraph second, new, becoming the current third:" the Prosecutor should be promoted during the course of the procedure of economic agreements, precautionary measures or other mechanisms that facilitate the repair of the damage caused to the victim. "" This duty no matter the exercise of civil actions that ask correspond to the victim. "."

2. merge, in article 9, the following final new subsection: "Trying of cases urgent, in immediate authorization is essential for the success of Stagecoach, it may be requested and issued by any means suitable for this purpose, such as telephone, fax, e-mail or other, without prejudice to the subsequent constancy.".

3. Add in the final subparagraph of article 80, replacing the final dot (.), comma (,), the following sentence: "unless the urgent cases referred to in the final subsection of article 9, in which judicial authorization will be exhibited later.".

4 Introducense the following amendments to article 85: "a.-in the first subparagraph, replacements expressions"crime or simple offence"both times that it mentions them, for"crime, simple offence or lack".".
b replacements second and third subparagraphs by the following second, third and fourth subparagraphs: "during this procedure, the police may proceed to the registration of clothing, luggage or vehicle of the person whose identity is controlled.
In the event of refusal by a person to prove his identity, or if having received the facilities of the case not possible you do so, the police will take it to the nearest police unit for identification purposes. In that unit facilities will be given to ensure a satisfactory identification by other means other than those already mentioned, leaving it free if you get such a result. If not, it proves possible to accredit your identity, are taken fingerprints, which can only be used for identification purposes, and fulfilled this purpose, will be destroyed.
Procedures aimed at obtaining the identification of a person in cases referred to in this article, shall be made in the most expeditious way possible, and the abuse in its exercise may be constitutive of the crime planned and sanctioned in Article 255 of the criminal code. These procedures may extend as a whole to a period of more than six hours, after which the person who has been subject to them should be released under any circumstances. "."

5 article 124, replace by the following: 'article 124. Exclusion of other measures. When imputation refers to failures, or offences which the law does not sancionare with proprietary or restrictive sentences, you can sort measures prudential that they fall on the liberty of the accused, with the exception of the citation.
The provisions of the preceding paragraph will not take place in cases that referred to in the fourth subparagraph of article 134 or when appropriate the arrest for failure to appear, arrest or pre-trial detention according to the provisions of article 33. "."

6 Introducense, in article 134, the following modifications: a. replace the name "article 134. Citation in cases of flagrante delicto."by"article 134. Citation, registration and arrest in flagrante delicto cases. "."
(b) replace the second paragraph by the following: "the police can check clothing, luggage or the vehicle of the person which will be cited.
You can also lead the accused to the police precinct, for there the citation.
However this, the accused may be arrested if you have committed any of the offenses referred to in the criminal code, in the articles 494, s. No. 4 and 5, and 19, except in the latter case the facts described in the articles 189 and 233; 495 No. 21, and 496, s. No. 5 and 26.
In all cases mentioned in the preceding paragraph, the police officer shall inform the Prosecutor, immediately, detention, for the purposes of the provisions of the final paragraph of article 131. The Prosecutor shall communicate its decision to the Ombudsman at the time which adopts it. "."
c replace in the third paragraph, which becomes sixth, the 'official' word for "official".

7 replace article 137, by the following: 'article 137. Dissemination of rights. In all police premises, the courts of guarantee, the courts of oral proceedings in criminal, the public prosecutor's Office and the criminal public defender's Office, must be displayed instead interest and clearly visible to the public, a poster in which are specifically set out the rights of victims and those who assist them to persons who are detained. Also u svim detention police and House of detention must display a poster in which are specifically set out the rights of detainees. The text and format of these posters will be determined by the Ministry of Justice. "."

8. replace, in article 197, the second paragraph by the following: "If the person who has to be the subject of the examination, harquebus of their rights, consintiere in doing so, the Prosecutor or the police will order that you practice without further formality. If you refuse, you will be prompted judicial authorization, exposing himself to the judge the reasons for the rejection. "."

9 replace, in article 212, paragraph first by the following: 'article 212. Procedure for registration. The resolution that endorses the entry and registration of an enclosed area will be notified to the owner or person in charge, inviting him to attend the event, unless the guarantee judge endorses the omission of these procedures on the basis of background that made fear that it could thwart the success of Stagecoach. "."

10 Add, then the article 393, the following article 393 bis, new: "article 393 bis." Simplified in case of lack or simple flagrante delicto procedure. In the case of a person caught red-handed committing a foul or a simple crime of those leads to that in this procedimiuento, the Prosecutor may order that the accused be put at the disposal of the judge's guarantee, for the effect to inform you in the control of the detention hearing, orally, the requirement referred to in article 391 , and proceed immediately in accordance with the provisions of this title. ".".